Articles

DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS Client Interview Questions and Documents to Obtain In any type of legal interaction between a family law attorney and client, the first interview is perhaps the most important. To advise the client properly, it is important to have a checklist of information from the client at the first interview.1 Many important questions will have to be asked. A document like a domestic information sheet will answer many of these questions. This form will help answer many fundamental questions about the two parties in the divorce.2 What of the two parties in the divorce?3 What

IV. ETHICS Fee Agreements-Review a Sample Agreement Practical Tip: All family law attorneys should have a written fee agreement with their client before undertaking any representation in a divorce matter. The Missouri Bar has published Model Fee Agreements and many state bars have done the same. Using a fee agreement from the state bar is often advisable. The Bar Plan also has fee agreements that lawyers can download that mirrors what the Missouri Bar had previously published: https://www.thebarplan.com/missouri-sample-hourly-fee-agreement/ Fee agreements should include clauses such as: Scope of Services; Hourly Rates; Advances Fee Amount (Initial Deposit); Litigation Expenses; Frequency of Billing

Divorce can be an incredibly draining and stressful experience. Whether it’s a mutual decision, contested, or involves minimal shared property, divorce always holds the potential of forcing you to upend and restructure your life, seemingly in a very short amount of time. Some individuals weather the stress of divorce more easily than others. For the emotionally distraught client, the right divorce lawyer can make a world of difference in their experience. Good Attorneys Build Trust With Clients Through Honest Conversations The attorney-client relationship is a complicated one. Despite this, there are limits to what an attorney can offer. Unfortunately, many

Below is some Missouri law involving guardianships. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic.Because the facts of every circumstance is different, it is important to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic. A guardian is a person appointed by the Probate Court to have the custody of a minor or of an incapacitated person. A limited guardian is a person whose powers as guardian are limited by the court to certain specified functions.

I. Employability Assessments in Divorce – What You Need to Know The purpose of evaluation is to assess current and/or future employability and wage earning capacity for the court. It can include the presentation of a vocational plan outlining specific details as to how the person will return to the job market (e.g., training time, cost, appropriate programs, entry/ceiling earnings upon plan completion, and job availability). What are the limitations of this process? This procedure is not a method for the diagnosis or treatment of psychological problems nor does it allow for career counseling over a period of time (i.e.,

Parents are allowed to change their child’s name. Both parents must give written consent in order for a court to grant the name change. Missouri courts will consider a name change to be proper by applying a best interest of the child test. According to Missouri case law, the court looks at three factors: (1) the child’s age; (2) the potential embarrassment or discomfort the child would experience when his or her surname is different from the custodial parent’s name; (3) and how the name change will affect the child’s relationship with their parents.1 A. Adoption After the adoption proceedings,

BASIC MEDIATION SKILLS Understanding Conflict Conflict, or more specifically, interpersonal conflict, is a fact of life. It often emerges when people are stressed. It is said that people are the most stressed during major life events, including death, marriage, imprisonment, and divorce. Understanding conflict during the divorce process is crucial to a successful family law mediation because it will help the mediator understand each person’s feelings, actions, desires to take a position and it will guide the mediator to work through those issues and assist the participants in working towards an amicable, workable agreement. Conflict Definitions and Alternatives Conflict is

A recent survey by the American Academy of Matrimonial Lawyers (AAML) revealed that social networking sites have become a hot source for evidence. Over eighty percent of family law attorneys surveyed found that they have seen an increase in the amount of divorces using social networking evidence over the past five years. Facebook was found to be the biggest online source, followed by MySpace and Twitter. Without thinking, many people have given clues about their infidelity, habits, and lifestyle on their Facebook profile. This can be in the form of public postings, chats, and most frequently through photos. Online activities

I. Introduction Technology is advancing every day. The affect it has on family law has been growing just as fast. From before the case, to discovery, during the case and even after, technology can both positively and negatively affect the outcome of any case. These new sources can be used to target pieces of information beyond those found in the traditional sources of information. A recent survey by the American Academy of Matrimonial Lawyers (AAML) revealed that social networking sites have become a hot source for evidence. Over eighty percent of family law attorneys surveyed found that they have seen

I. OVERVIEW – WHO CAN BE ADOPTED AND WHO CAN ADOPT?Adoption is the legal process that constructs a parent/child relationship between an adult and child, who might not be related by blood. “There are three sets of participants in an adoption: the petitioners (the adoptive parents, who are seeking to adopt the child); the child to be adopted; and the birth parents (the biological parents of the child to be adopted).”1 The adoption process serves to create a legal relationship between the adoptive parent and child and sever any legal right of the biological parents.2 There may be several reasons

A. Confidentiality Concerns A Lawyers’ duty of confidentiality is one of the profession’s “core values.” The ethics duty of confidentiality extends far beyond the evidentiary attorney-client privilege. The duty generally covers any information learned during the attorney-client relationship (not just communications to or from a client). Even information in the public record can be subject to this ethical duty of confidentiality. Lawyers must assure that paralegals under their supervision comply with this ethics duty of confidentiality. ABA Model Rule 5.3(a)(b) – “With respect to a nonlawyer employed or retained by or associated with a lawyer: a partner, and a lawyer

While the laws can vary by state, legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions. Legal custody options generally include sole legal custody and joint legal custody. The parent who has sole legal custody generally has the final saying in making major decisions on behalf of the child. These include decisions regarding education, religion, and medical. A parent having sole legal custody still has to confer with

a. Real Estate and Valuation Experts – Areas Ripe for Examination One of the major issues in a divorce is dividing marital or community property, and it can easily become a source of conflict. Before dividing an asset, you need to know what its worth by completing a valuation process for the property. Valuation is especially important for real estate, namely the marital home, because it’s often one of the most valuable assets owned by a couple. Being familiar with the basics of valuation methods for real estate and the role of an appraiser can help you reach a fair

I. Community vs. Separate Property A stock option is a contractual right to purchase stock during a specified period at a predetermined price. Increasingly, corporations are granting stock options to employees as compensation for services that have been, or will, be performed. The increasing use of employee stock options has translated into expanding litigation concerning whether stock options are marital property, and if so, how they should be valued and divided Most states are equitable division states. However, analyzing how community property and equitable distribution work, and the differences, is helpful for parties going through a divorce with stock options.

I. NEW DISCOVERY LAWS, RULES, AND PROCEDURES YOU NEED TO KNOW A. Discovery Rules Update In 2015, the first time since 2006, amendments regarding e-discovery were added to the Federal Rules of Civil Procedure (FRCP). These e-discovery amendments included: a limitation on the scope of the discovery; a requirement obligating parties to address the preservation of electronically stored information (ESI) during the initial conference; and, a modification to spoliation sanctions for ESI. The amendments were designed to simplify and promote efficiency and cooperation between parties during the discovery process. FRCP 26(b)(1) altered the scope of discovery by adding the requirement

DEPOSITION STRATEGIES IN DIVORCE Handling the Divorce Deposition in Comparison with Other Depositions Anyone who can be a witness at trial can be deposed, including the parties, their experts, and lay witnesses. Additionally, witnesses who may not be available at trial can also be deposed to preserve their testimony. Many individuals may possess relevant information – family members, teachers, counselors, and others can contribute valuable information. Do not take a deposition until you have a firm outline and strategy for accomplishing our goals with the particular witness. Otherwise, you may not be successful in undermining or limiting the impact of

I. Researching the Opposing Party’s Experts in Divorce The deposition of an expert witness is the culmination of the opposing party’s defense or prosecution theory of the case. Before taking an expert’s deposition, the parties should have completed fact discovery-interrogatories answered, documents obtained, lay witnesses deposed. Presumably, your opponent’s expert witness has been advising the opposing attorney about documents to be requested in the course of written discovery and about oral discovery questions that should be asked of the lay witnesses, so that the fact evidence necessary to the expert’s opinions has been established. The expert’s opinions are being offered

Probably the best tool for tracking down cash and other hidden assets are tax returns. This is because even a spouse who is attempting to hide assets or income through their business was probably not considering such action seven, five, or even three years ago. The first line of 1040 can be important because it provides a social security number which can be used for other searches. The W-2’s for the spouse as an employee can also be important. How does the past compare to the present? Bank Statements and Credit Cards can also prove to be equally valuable. There

I. Overview of Business Organization Structures When a married couple gets a divorce and one of the spouses owns a business that business is often an asset owned by the marriage and the value should be divided. A business can be created in different forms. The most common forms are sole proprietorship, partnership, corporation, and S corporation. The form of the business entity can have effects on taxation, ownership, and how it is divided. A sole proprietorship is a self-owned, unincorporated business. If a party is the owner of a sole proprietorship, then the business is dividable upon dissolution of

I. Understanding the Valuation Process and the Law One of the major issues in a divorce is dividing marital or community property, and it can easily become a source of conflict. Before dividing an asset, you need to know what its worth by completing a valuation process for the property. Valuation is especially important for real estate, namely the marital home, because it’s often one of the most valuable assets owned by a couple. Being familiar with the basics of valuation methods for real estate and the role of an appraiser can help you reach a fair and reasonable agreement

Child Custody Davis v. Davis, 582 S.W. 3d 100 (Mo. Ct. App. W.D. 2019): Husband filed a petition for dissolution of marriage requesting that he and Wife have joint physical custody of their son. Wife requested in her counter-petition for dissolution of marriage that she be awarded maintenance. Following a bench trial, the Circuit Court characterized its judgment as awarding sole physical custody of the couple’s child to Husband and denied Wife’s request for maintenance. Wife appealed. The Court held that Husband and Wife were awarded joint physical custody. However, Trial Court characterized custody of the child as sole physical

I. Case Law Update: The Latest Decisions Affecting Your Practice A. Same Sex Marriage and Custody It is important to first establish the same sex cases that have been brought in Missouri courts concerning child custody during and post Obergefell. In McGaw v. McGaw, appellant, Melissa McGaw filed a motion to determine the parent-child relationship, custody, and visitation rights with respect to the two children to whom she is not biologically related to. The children in this case were born at a time when Melissa was involved in a romantic relationship with the children’s biological mother, respondent Angela McGaw. At

A. Open Adoption and Ongoing Contact Agreements 1. Drafting Tips, Checklists and Forms Adoption is the permanent, legal transfer of all parental rights to another individual or couple. The adoptive parent(s) has the same legal rights and responsibilities as parents whose children are born to them. Open adoption occurs when there is some form of communication or contact between the adoptive family, the adopted child, and the birth family after the adoption has finalized. Contact and communication can range from an infrequent exchange of letters and pictures, perhaps through a neutral third party, to supervised or unsupervised visits between the

I. Types of Divorce Experts and What They Do A child custody evaluation is a process in which a mental health expert, usually a psychologist, evaluates a family and makes a recommendation to the court for custody and visitation or a parenting plan that is in the child’s best interests. The court may assign an evaluator to you or may allow you to choose from a list of evaluators. Regardless of who chooses the evaluator and who pays for the evaluation, the evaluator should be neutral and should not have a patient-therapist relationship with anyone in the family either before

1. Settlement Negotiations In negotiations, there are multiple strategic goals that need to be met in order to be successful. They include: Determining whether a bargaining zone exists – that is, whether a mutually beneficial agreement is possible – and identifying the range of possible agreements; Changing the scope or emphasis of the negotiation in a way that makes a transaction mutually beneficial when otherwise there would be no possibility of finding a mutually beneficial agreement, or in a way that makes an agreement even more mutually beneficial than it otherwise would be; Exercising negotiating power to capture some or

III. Valuing and Dividing Complex Assets: Stock, Retirement Plans and More A. Stock Options: How to Value, How to Distribute and When Stock option is a contractual right to purchase stock during a specified period at a predetermined price. Increasingly, corporations are granting stock options to employees as compensation for services that have been, or will, be performed. The increasing use of employee stock options has translated into expanding litigation concerning whether stock options are marital property, and if so, how they should be valued and divided. In evaluating whether an employee stock option constitutes a “property” interest, the standard

1. What is mediation? During mediation, a qualified mediator assists both parties to come to an agreement by discussing different options for settlement and helping each party to better understand the viewpoints of one another. Mediation sessions can be joint sessions where both parties are present or private caucuses where the mediator meets with each party individually. Unlike arbitration where the ultimate decision is outside of the parties’ hands, mediation allows the parties to come to an agreement together which leads to a more amicable situation. 2. Selecting the Mediator First things first, when a client is deciding on participating

Top Mistakes in Valuing and Dividing Real Property: A. Farmland and Divorce Traditionally, farms are acquired by gift or inheritance by or through family members. These family farms tend to be owned by multi-generational farming families that may or may not have formal or informal agreements regarding the allocation of operating expenses and the division of profits. This means that, while the younger generations may have ownership interests in the growing crops or livestock, the older generations may actually own the land. Traditionally, legal title is protected and, even in long term marriages, the non-owning spouse may not acquire any

What is Parental Alienation Syndrome (PAS)?A definition of alienation is a child who expresses, freely and persistently, unreasonable negative feelings and beliefs (such as anger, hatred, rejection and/or fear) toward a parent that are significantly disproportionate to the child’s actual experience with that parent.[1] This can happen when two parents are divorcing, or when the parents are fighting over custody.[2] Parents may try to alienate the children for various motives, including revenge, power, fear, jealousy, or due to mental disability.[3] Parental Alienation Syndrome (PAS) has three main elements: (1) rejection or denigration of a parent that reaches the level of

1. Strategies for Getting Evidence Authenticated Beyond Set Criteria GuideThere are multiple methods for getting your evidence authenticated for your case. The conventional methods consist of interrogatories, requests for production or admission, and depositions. Normally, any evidence that is presented in the course of any of these aforementioned discovery methods is presented to the court as being authenticated because the opposing counsel included it in their responses or production of evidentiary material. There are also multiple other methods of authenticating your evidence. These methods include judicial notice, accumulation of evidence, stipulations negotiated with opposing counsel, and using motions in Limine.

A. What is “Imputed” Income? Imputed income is income that a court assigns or credits to a party for the purpose of child support and / or spousal support. Income is typically imputed in situations where a party is voluntarily unemployed or underemployed. However, in some cases, courts have imputed income in situations where the evidence suggests a party has the potential to earn higher income, but has simply not taken a position or searched for a position that would permit that party to maximize his / her earnings. Additionally, some courts have imputed income to the property held by

Many parents who go through a divorce and child custody dispute are left feeling defeated when everything has been finalized. This is especially true for parents who did not receive primary custody. But it’s important to remember that a finalized child custody agreement is not necessarily a permanent one. As time goes on and circumstances change, child custody orders can be modified. This can occur either as the result of a consent order or a motion filed with the courts. The consent order is essentially an agreement to change the current agreement. Say, for instance, that a child has been

1. Strategies for Getting Evidence Authenticated Beyond Set Criteria Guide There are multiple methods for getting your evidence authenticated for your case. The conventional methods consist of interrogatories, requests for production or admission, and depositions. Normally, any evidence that is presented in the course of any of these aforementioned discovery methods is presented to the court as being authenticated because the opposing counsel included it in their responses or production of evidentiary material. There are also multiple other methods of authenticating your evidence. These methods include judicial notice, accumulation of evidence, stipulations negotiated with opposing counsel, and using motions in

A. AVOIDING CONFLICTS OF INTERESTConflicts of interest can pose a serious problem if not properly handled from the start of a lawyer-client relationship in divorce and family law matters. A conflicts search is a necessary part of any practice. All attorneys need to have conflict of interest software that screens whether the firm has a conflict of interest. If your firm does not have conflict software, or other appropriate safety measures in place, they are playing with fire. There are several kinds of inexpensive conflict of interest software available that any lawyer can purchase and implement. The process of checking

A. Recouping Attorneys’ Fees All attorneys should have a written fee agreement with their client before undertaking any representation in a divorce or family law matter. Sample fee agreements can often be obtained through your local bar. The Missouri Bar has sample fee agreements here: http://members.mobar.org/pdfs/fdr/fdrsamples.pdf. (Sample Form 1 is a good example for divorce litigation.) Fee agreements should include clauses such as Scope of Services, Hourly Rates, Advances Fee Amount (Initial Deposit), Litigation Expenses, Frequency of Billing Statements, Discharge and Withdrawal, how long file will kept after case ends, and a disclaimer against estimates and guarantees. RULE 4-1.5: Fees

Paternity is a legal term that means fatherhood. In many states, if parents are married, the husband is automatically considered to be the father of a child born during the marriage. But, children whose parents are not married have no legal father unless the parents establish paternity. Around 40 percent of children in the United States are born out-of-wedlock, and in most cases these children are just as loved, well adjusted and healthy as those born to married parents. Yet, they do face one challenge that children with married parents do not: there are significant disadvantages to lacking an official

a. Overview of Irrevocable vs. Revocable Trusts A trust is an agreement that is held by one person (trustee – person who manages the trust) at the request of another (settlor – a person who creates and usually provides the funding for the trust) for the benefit of a third party (beneficiary – the person that receives the income or principal from the trust). Estate planning is accomplished in two ways: a (1) revocable trust; or an (2) irrevocable trust. A person can establish value of trust assets either way. When a settlor creates a revocable trust, this person has

If sole physical and legal custody is awarded, that parent gains has substantially more physical time and has the ability to make final decisions for the couple’s child.1 The “custodial parent” typically has much more control over parenting decisions, from day-to-day parenting choices to deciding where and how a child will be educated.2 These arrangements are most common when the parents live far apart, do not communicate well, or when one parent has been deemed unfit.3 Though the child will usually live most of the time with the parent who has sole custody, visitation schedules and parenting plans will provide

Family Law & Same Sex Marriages – Divorce, Custody, Support, & Embryos – Where it Stops – Nobody Knows (1) Same-Sex Marriage & Custody Same-sex divorce cases will no doubt be litigated with greater frequency after the United States Supreme Court’s decision granting the right of same sex couples to marry in Obergefell. Where a same sex couple is married and divorcing, and the child is born during the marriage, custody cases between same sex couples are presumably to be resolved using the “established legal framework applicable to married couples.” In terms of same sex couples who are not married,

A. Annulment vs. Separation vs. Divorce: I. Annulment By annulling a marriage, the court makes it so it is as if the marriage never existed from its very beginning. While many states have specific statutes on annulment, Missouri does not explicitly use the term annulments in statutes. Missouri does, however, reference a “declaration of invalidity of marriage” in § 452.300 of the Missouri Revised Statutes. There are many situations where seeking an annulment (an invalidity of the marriage) is the best choice. One reason to seek an annulment is if the two parties are too closely related. While State v.

Below is some Missouri law on child custody (and joint custody in particular). This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic.Because the facts of every circumstance is different, it is vital to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic. 1. Statutes:   RSMo. § 452.375. 1. As used in this chapter, unless the context clearly indicates otherwise: (1) “Custody” means joint legal custody, sole legal custody, joint physical custody or sole physical custody or

Below is some Illinois law involving guardianships and voluntary relinquishment. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic.Given that the facts of every circumstance is different, it is critical to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic. The case of Thomas v. Barnes, 20120 Il. App. (1st) 112957, is important on this topic (In re the Guardianship of Tatyanna T.).  This case is from the Appellate Court of the First Judicial District in Illinois wherein

Tax Treatment and Consequences of Divorce – Multi-State Divorce Lawyers a. Taxation of Asset Transfers 26 USCA § 1041: Transfers of property between spouses or incident to divorce (a) General rule. No gain or loss shall be recognized on a transfer of property from an individual to (or in trust for the benefit of) – (1) a spouse, or (2) a former spouse, but only if the transfer is incident to the divorce. (b) Transfer treated as gift; transferee has transferor’s basis. In the case of any transfer of property described in subsection (a) – (1) for purposes of this subtitle,

Rules, Procedures, and Changes You Need to Know 1. Rules and Procedures for Getting Evidence Authenticated & AdmittedFed. R. Evid. 901 states that to satisfy the requirement of authentication, the proponent must, (1) produce evidence, and (2) demonstrate that the evidence produced is sufficient to support a finding that the evidence is what the proponent claims it is. The following list is a non-exclusive list of examples of evidence that satisfies this requirement: Testimony of a witness with knowledge; Non-expert opinion about handwriting; Comparison by an expert witness or trier of fact; Distinctive characteristics and the like; Opinion about a

KIRK C. STANGE, ESQ. * Special thanks to Emily Donaldson, Alicia Kapolis and Primrose Mungwari for helping prepare these materials. ENCRYPTED TEXT MESSAGING PLATFORMS Recovering evidence becomes more complex and difficult when dealing with ephemeral data. Applications such as Vaporstream, Wickr and Confide and the like provide attorneys with extensive discovery and authentication problems. Vaporstream is a mobile application capable of sending electronic communications that are encrypted in transit, and are not stored in the carrier’s infrastructure, the sender’s device, or the recipient’s device. Once the message is read, they are deleted and it no longer exists. These messages cannot

I. The 2017 Tax Cuts and Jobs Act – An Overview of What’s Changed Treatment of Pass-Through Income From a Business The 2017 Tax Cuts and Jobs Act (TCJA) has created some substantial revisions to the tax code in regards to pass-through businesses. A pass-through business is designed to avoid paying double taxation by not paying income taxes at the corporate level. Instead, corporate income is allocated among the owners of a pass-through business, while income taxes are only levied at the individual owner’s level. Some common examples of pass-through business entities are sole proprietorships, partnerships, and S-corporations. The TCJA

Below is a list and synopsis of some important family law appellate decisions that have come out in Missouri in 2014 and 2015.  These cases help shed light on how many family law matters are being decided in Missouri. However, given that the facts of every circumstance is different, it is important to consult with an attorney regarding any particular circumstance. Child Support Abernathy v. Abernathy, 445 S.W.3d 638 (Mo. App. E.D. 2014): Father appealed arguing that the agency correctly determine that the diminution of Mother’s child care costs constitutes a substantial and continuing change in circumstances sufficient to warrant

Tax-Free Asset Transfers – 26 USCA § 1041 (a) General rule. No gain or loss shall be recognized on a transfer of property from an individual to (or in trust for the benefit of): (1) a spouse, or (2) a former spouse, but only if the transfer is incident to the divorce. (b) Transfer treated as gift; transferee has transferor’s basis. In the case of any transfer of property described in subsection (a) (1) for purposes of this subtitle, the property shall be treated as acquired by the transferee by gift, and (2) the basis of the transferee in the

a. Obtaining Full Financial Disclosure Probably the best tool for tracking down cash and other hidden assets are tax returns. This is because even a spouse who is attempting to hide assets or income through their business was probably not considering such action seven, five, or even three years ago. The first line of 1040 can be important because it provides a social security number which can be used for other searches. The W-2’s for the spouse as an employee can also be important. How does the past compare to the present? Bank Statements and Credit Cards can also prove

Collecting Email Evidence in Divorce What to Look for and Where to Find it (Quickly) The overarching federal statute is 18 U.S.C. §1030 or the Computer Fraud and Abuse Statute. Section 1030 prohibits (a) intentionally accessing a computer without authorization from any protected computer if the conduct involved an interstate or foreign communication; (b) knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud; (c) intentionally accessing a protected computer without authorization, and as a result of such conduct, causing damage. A protected computer

a. Discovery How-to’s and Pointers The conventional ways to obtain information in divorce proceedings are well known: (1) Interrogatories; (2) Requests for Production; and (3) Depositions. Typically, interrogatories are aimed at gathering initial information and facts of the case that the opposing party could not recall without reference to particular documents. Interrogatories in conjunction with requests for production, then serve to produce the traditional sources of information for a divorce attorney. Staples include: Bank Statements; Individual Tax Returns; Corporate or Partnership Tax Returns; Mortgage Statements; Rental or Lease Agreements; and Telephone Records. These documents can then be used in conjunction

Below is some Missouri law on motions to modify. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic.Because the facts of every circumstance is different, it is important to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic.1. Statutes: RSMo. § 452.410 – Custody, decree, modification of, when. The court shall not modify a prior custody decree unless it has jurisdiction and it finds, upon the basis of facts that have arisen since the prior decree or

Illinois Law Summary: Educational Expenses and College Costs Below is some Illinois law involving educational and college expenses. This summary includes some relevant statutes and applicable case law. This is a topic that comes up regularly in family law matters involving children. Because the facts of every circumstance is different, it is imperative to consult with an attorney regarding any particular circumstance.  This summary, however, does help provide some important information on this topic.Pursuant to 750 ILCS 5/513, in Illinois, courts may make provision for the educational expenses of the child or children of the parties, whether of minor or majority

Below is a law summary regarding child custody cases in Illinois where abuse and temporary custody motions can interplay.  This is an issue that can come up in child custody cases in Illinois.Given that the facts of every case is different, it is important to consult with an attorney regarding any individual situation.  However, this summary does provide some important legal information on this topic. Pursuant to 750 ILCS 60/103, in Illinois, abuse is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation.  It does not include reasonable direction of a minor child by a

Child Support Beermann v. Jones, 524 S.W.3d 545 (Mo. App. W.D. 2017): Husband and Wife dissolved their marriage in November of 1998. At that time, they had one child, who had been born in 1997. Pursuant to the terms of a previous modification judgment, Husband agreed that he would pay 100% of his son’s college expenses. However, in January, 2015-about eight months before the son would begin attending college at the University of Missouri-Husband filed a motion to modify his child support obligation, seeking a reduction of $560 to either $355 or $158 once his son started college, on the

I. Child Support Swanson v. Hernandez, 544 S.W.3d 315 (Mo. App. E.D. 2018): Father had three child support orders for three separate children of three separate mothers. The first order (S.M.S.) required father to pay $350.00 per month and it was initially ordered in New York, but was registered in Georgia after the mother and child moved there. After the move, New York recognized the Georgia registration and divested itself of jurisdiction under the UIFSA because none of the parties reside in New York. The second order (S.R.S.) required father to pay $450.00 per month and was ordered in Missouri.

Motions in Divorce With Examples – Multi-State Divorce Lawyers I. Emergency MotionsA.  Restraining Orders & Habeas CorpusA temporary restraining order (TRO) prevents irreparable injury. In some cases, there could be a concern as to custody or assets that could necessitate a TRO. In Missouri, TROs consist of a three-step proceeding consisting outlined in Rule 92 and Chapter 526, RSMo: 1. A temporary restraining order may be issued by the court at the request of the plaintiff without notice to the other party only if the plaintiff can show that immediate and irreparable injury or loss will result before the opposing

Below is some Missouri law involving paternity cases. This summary includes some relevant statutes and applicable case law. These are just some examples of reported cases on this topic. Because the facts of every circumstance is different, it is important to consult with an attorney regarding any particular circumstance. However, this summary does help provide some important information on this topic. Paternity Cases Examples In re the Marriage of Brown, 310 S.W.3d 754 (Mo. App. E.D. 2010): In In re the Marriage of Brown, there was one unemancipated child who was born prior to the marriage. Although Husband’s name was

When do parents terminate their parental rights? Can the court terminate the parents’ rights? What factors are considered when terminating parental rights? In Missouri, termination of parental rights are divided into three broad categories: (1) termination of parental rights by consent; (2) contested termination of parental right where the filing of the termination petition is mandatory; and (3) contested termination of parental rights where the filing of the termination petition is discretionary.1 Generally, the court must find at least “one ground for termination has been proven “by clear, cogent and convincing evidence,” and the court must also find by a